You trusted that your home, building, or job site was built to last. You expected it to be safe. But now you're dealing with water damage, collapsing structures, or even personal injuries—all because someone cut corners during construction.
Whether you’re a homeowner with a cracking foundation, a tenant dealing with black mold, or a worker who fell through faulty stairs, construction defects are more than frustrating—they’re dangerous, costly, and unacceptable.
Too often, builders blame subcontractors. Subcontractors blame the product. And everyone points fingers—except the ones actually taking responsibility. You shouldn’t pay for someone else’s mistake. And you damn sure shouldn’t suffer because of it.
At Marko Law, we’ve handled construction defect cases across Michigan that involve real people with real damage—not just broken concrete, but broken lives. Whether the defect caused your injury or destroyed your property value, we know how to investigate, prove liability, and make them pay for what they did wrong.
What Is a Construction Defect?
A construction defect is more than just a cosmetic flaw. It’s a serious failure in how a building was designed, built, or finished—one that compromises its safety, integrity, or value. These defects can lead to property damage, personal injuries, financial loss, and even building collapse.
Design Defects
These are flaws in the architectural or engineering plans—where a structure was never safe to begin with. Examples include:
- Inadequate load-bearing calculations
- Poor drainage or HVAC planning
- Unsafe stair or balcony designs
When professionals fail to meet the standard of care for their industry, they can be held legally responsible.
Material Defects
Even if the plans were solid, the structure fails when inferior or incompatible materials are used. Common material-related defects include:
- Crumbling concrete or weak steel
- Toxic drywall or insulation
- Fire-prone wiring or roofing materials
Product manufacturers or suppliers may be liable under product liability laws if these materials were defective by design, manufacturing, or due to a failure to warn.
Workmanship Defects
This is where things fall apart—literally. Sloppy construction, code violations, or rushed labor often cause:
- Uneven floors and cracked foundations
- Leaky roofs and windows
- Unsafe handrails or collapsing decks
Contractors and subcontractors are expected to follow industry standards, local building codes, and the terms of their contracts. When they don’t, you may have a negligence or breach of warranty claim.
Who Can Be Held Liable for Construction Defects?
When construction defects lead to injuries or property damage, someone is responsible. At Marko Law, we uncover the truth about who failed, how they failed, and how to make them pay. Construction projects involve many hands—but that doesn’t mean no one is accountable. It means everyone involved must answer for their role.
Depending on your case, any of the following parties may be held legally liable:
🏗️ Builders and General Contractors
These are the people who oversee the entire construction project. If the work was:
- Not up to code
- Rushed
- Poorly supervised
They can be sued for negligence, breach of contract, or failure to comply with Michigan’s building standards.
🔧 Subcontractors (Electrical, Plumbing, Framing, etc.)
When a specialized crew performs shoddy work—like faulty wiring, leaky plumbing, or weak framing—they can be held liable under negligent workmanship or contractual responsibility.
🏢 Developers or Property Owners
In many cases, developers or property owners knew about a defect—or should have known—and failed to act. They can be liable for:
- Concealing defects during sale
- Ignoring tenant complaints
- Using cheap materials or unqualified labor
They often hold insurance policies that can help cover your damages.
🏛️ Architects and Design Professionals
If the building was unsafe from the moment it left the drawing board, the design professionals could be at fault. Claims may include:
- Design negligence
- Engineering miscalculations
- Code non-compliance
These are complex cases, but Marko Law has the expert network to make them stick.
🧱 Product Manufacturers or Suppliers
If a material used in the project was defective—such as toxic insulation, faulty wiring, or corroding pipes—the manufacturer can be sued under product liability law.
📖 Read more about defective products
🏠 Property Managers (for Tenant Injuries)
In rental properties or commercial spaces, property managers are responsible for maintenance and safety. If they:
- Failed to inspect or repair
- Ignored known defects
- Violated lease or legal duties
They may be directly liable for tenant injuries or property loss.
What Are Your Legal Options?
Personal Injury Claims
If a construction defect caused physical harm—like a fall from a collapsing stair, shock from faulty wiring, or illness from mold or asbestos—you may file a personal injury lawsuit. These claims allow recovery for:
- Medical expenses (past & future)
- Pain and suffering
- Lost wages and earning capacity
- Permanent disability or disfigurement
Property Damage Lawsuits
Homeowners and landlords can file lawsuits to recover:
- The cost of repairs or reconstruction
- Loss of use (e.g., hotel stays or uninhabitable property)
- Decreased property value
If someone else’s bad construction destroyed your investment, we’ll make sure they pay to fix it.
Breach of Contract or Warranty
Many construction contracts include warranties—explicit or implied—that the work will be completed safely, professionally, and up to code. If your contractor or developer violated those promises, you may sue for breach of:
- Express warranty (written terms)
- Implied warranty of habitability or workmanship
- Sales contracts in real estate transactions
Negligence or Gross Negligence
Negligence occurs when a builder, designer, or supplier fails to exercise reasonable care and someone gets hurt. Gross negligence involves reckless disregard for safety—like using banned materials or ignoring building codes.
These claims are especially powerful in personal injury cases, where serious harm or wrongful death results from clear misconduct.
Statute of Repose & Construction Lien Act Considerations
Michigan’s Statute of Repose limits construction defect lawsuits to six years after the work was completed—not when the defect was discovered. However, there are exceptions for:
- Fraud or concealment
- Hidden or latent defects
- Breach of warranty claims with different deadlines
Also, under the Michigan Construction Lien Act, unpaid contractors must file a lien within 90 days—but property owners also have protections if liens are filed improperly or fraudulently.
What to Do If You Suspect a Construction Defect
Document the Defect and Damage
Take clear, time-stamped photos and videos of:
- Cracks, leaks, mold, or damage
- Any injuries or unsafe conditions
- Progression of the defect over time
Keep a timeline of events—when you noticed the issue, who you spoke to, and what was done (or not done) to address it.
Preserve All Receipts, Estimates, and Communications
Don’t throw anything away. Save:
- Repair quotes and contractor communications
- Emails or texts to/from the builder, landlord, or property manager
- Home inspection reports and permits
These documents are critical evidence for your claim.
Get a Professional Inspection (If Safe)
A licensed structural engineer or building inspector can confirm whether the issue is a serious code violation or safety hazard. This report can provide:
- Expert documentation of the defect
- A professional opinion on fault and danger
- Supporting testimony in court
Don’t Sign Repair Waivers or Releases
Builders and contractors may pressure you to sign a release or “repair agreement” that limits their liability. Don’t sign anything until you’ve spoken to an attorney. You could be signing away your right to full compensation.
Contact a Michigan Construction Defect Lawyer ASAP
You don’t have to handle this alone. At Marko Law, we:
- Investigate the defect and preserve evidence
- Identify all liable parties
- Work with experts to build a powerful case
- Fight for the full value of your damages—whether in negotiation or in court
Contact Marko Law Today
Construction defects don’t just damage property—they destroy peace of mind. They put families at risk, turn homes into hazards, and cost you more than just money. If you're a homeowner left with shoddy workmanship, a tenant injured by a collapsed stair, or a worker hurt on a faulty jobsite—you have every right to be angry.
And at Marko Law, we know how to turn that anger into action.
We don’t just file claims—we go to battle for our clients. Our team has the tools, the experts, and the courtroom grit to uncover what went wrong, prove who’s responsible, and demand full accountability. We’re not here to negotiate away your pain for a quick check—we’re here to win what you’re truly owed.
Marko Law Will Give You A Voice
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
- Over $500 Million recovered for our clients
- Proven track record in civil rights, personal injury & workplace justice
- Free, confidential consultations — you don’t pay unless we win
- Based in Detroit, trusted across Michigan
Ready to make your voice heard?
We’re not here to play games. We’re here to win.